( 1 ) SRI Satya Prakash has accepted notice on behalf of the Food Corporation of India and may file counter affidavit within four weeks. List thereafter.

( 2 ) A perusal of the record of this petition shows that this writ petition was originally filed before the Lucknow Bench of this court in August 1988. It kept pending at Lucknow and on 23-4-2001 a Division Bench at Lucknow passed an order calling for a reply within ten days. Subsequently, it appears that an application under clause 14 of the U. P. High court (Amalgamation) Order, 1948 was filed before Honble the Chief Justice and by an order dated 13-12-2001 Honble the Chief Justice passed an order transferring the case to Allahabad.

( 3 ) THIS writ petition is a typical instance of how petitions which are not pertaining to Lucknow Bench at all, inasmuch as no part of the cause of action has arisen within Avadh area, are being filed in the Lucknow Bench of this Court and are unfortunately being entertained although the Lucknow Bench has no jurisdiction in the matter. This writ petition was filed against the impugned order dated 3-6-1988 which was passed by the Senior Regional Manager, Food corporation of India, Chandigarh. The impugned order dated 3-6-1988 is an order of compulsory retirement which was passed at Chandigarh and at that time it appears that the petitioner was posted at Aligarh. Hence the writ petition could either have been filed at Allahabad or in the High Court of Punjab and Haryana, but it could certainly not be filed at the Lucknow Bench of this Court. It appears that the Senior Regional Manager, Food Corporation of India, Lucknow was impleaded as a respondent in this case and in this way the jurisdiction at Lucknow Bench was sought to be artifically created.

( 4 ) THIS is a malpractice which has been going on for quite some time that the petitions which do not pertain to Lucknow Bench at all are being filed at the Lucknow Bench by impleading the State of U. P. through the concerned Secretary at Lucknow or some other authority at Lucknow although the Lucknow Bench has nothing to do with such petitions, such no part of the cause of action has arisen an Avadh area, and this is being done just to create jurisdiction at Lucknow Bench artifically. This malpractice is violative of the Supreme Court decision in Nasiruddin v. S. T. A. T. AIR 1976 SC 331.

( 5 ) THIS unfortunate malpractice has been going on for quite some time and the time has now come when this must be stopped. In fact the Allahabad Bench is the principal and main Bench of the Allahabad High Court and the Lucknow Bench is only a Bench of the Allahabad High Court. This is also evident from the fact that under the High Court Amalgamation Order 1948 a case filed at the Lucknow Bench (if within the jurisdiction of the Lucknow Bench) can be transferred under clause 14 by the Chief Justice to Allahabad, but the petitions filed at Allahabad cannot be transferred to the Lucknow Bench.

( 6 ) CLAUSE 14 of the High Court Amalgamation Order, 1948 reads as follows :"the new High Court, and the judges and division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the Governor of the United provinces, appoint. Provided that unless the Governor of the United Provinces with the concurrence of the Chief Justice, otherwise directs, such judges of the new High Court, not less than two in number, as the Chief Justice, may, from time to time nominate, shall sit at Lucknow in order to exercise in respect of cases arising in such areas in Oudh, as the Chief Justice may direct, the jurisdiction and power for the time being vested in the new High Court. Provided further that the Chief Justice may in his discretion order that any case or class of cases arising in the said areas shall be heard at Allahabad. "

( 7 ) NO doubt in Nasiruddins case (AIR 1976 SC 331) (supra) it has been held that there is no permanent seat of the High Court at Alla

Click Here to Read the rest of this document